COUNTY ASSEMBLY OF KILIFI 26th November...COUNTY ASSEMBLY OF KILIFI THE HANSARD Wednesday, 26th...

November 26, 2014 COUNTY ASSEMBLY DEBATES 1

COUNTY ASSEMBLY OF KILIFI

THE HANSARD

Wednesday, 26th November, 2014

The House met at the Temporary Chambers at the defunct Malindi Municipal Council, Malindi Town, 2.30 p.m.

[The Temporary Speaker (Hon. Kenga) in the Chair]

PRAYER

REPORT

PUBLIC INVESTMENTS AND ACCOUNTS COMMITTEE REPORT ON THE KILIFI

COUNTY REVENUE COLLECTION BY RAIN DROPS LIMITED

The Temporary Speaker (Hon. Kenga): Honourable Members, there is a report of the Public Investments and Accounts Committee on the Kilifi County revenue collection by Rain Drops Ltd. moved by the Chair Public Investments and Accounts Committee (PIAC). Proceed please.

Hon. Kaingu: Mr. Speaker Sir, I beg to table the report of the Kilifi County revenue collection by Rain Drops Ltd.

Mr. Speaker, Sir The County Public Investments and Accounts Committee is one of the Select Committees of the County Assembly established under Standing Order 187 and mandated to,

Examine the accounts showing the appropriations of the sum voted by the County Assembly to meet the public expenditure and of such other accounts laid before the County Assembly as the Committee may think fit,

Examine reports, accounts and workings of the County Public Investments, Examine in the context of the autonomy and efficiency of the County Public Investments

whether the affairs of the County investments are being managed in accordance with sound financial or business principles and prudent commercial practices:

Provided that the Committee shall not examine any of the following, namely:

i) Matters of major County or National Government Policy as distinct from business or commercial functions of the public investments;

ii) Matters of day to day administration; and iii) Matters for the consideration of which machinery is established by any special

statute under which a particular County Public Investments is established.


Mr. Speaker, Sir, The Public Investments and Accounts Committee was constituted by the House on 23rd April, 2013 and later reconstituted on 17th July, 2014. The Committee then elected a Chairperson and Vice-Chairperson from amongst its Members. The Committee comprises of the following Members:

1. Hon. Duncan K. Kaingu - Chairman

2. Hon. Jane B. Mwaro - Vice Chairperson

3. Hon. Japheth Nzaro - Member

4. Hon. Anthony N. Nzaka - Member

5. Hon. Alphonce Mwayaa - Member

6. Hon. Hassan M. Said - Member

7. Hon. Priscillar Z. Kitsao - Member

8. Hon. Selina K. Salim - Member

9. Hon. Grace M. Chihanga - Member Mr. Speaker, Sir, The Committee started its task of investigating Rain Drops Ltd., a private firm contracted by the County Government to collect revenue on its behalf. After visiting its Malindi, Kaloleni, Mariakani and Mtwapa offices, serious breach of financial regulations were observed. The Committee then visited the County Executive Committee Member for finance in his office for a consultative meeting seeking clarification on the engagement of the contracted firm. The Chief Officer for finance was also invited to the meeting. During the meeting, the Committee confirmed the deliberate breach of the financial regulations after realizing that the County revenue was being banked in a joint account with Chase bank other than the revenue account which is contrary to the Government regulations on public finance. Findings The Committee came up with the following findings after investigations through interrogation of both the employees of Rain Drops and County Government revenue officers from the areas afore mentioned including the County Executive Member and his Chief Officer for finance:

1) Flouted procurement procedures more particularly on the contract award to the private revenue firm (Rain Drops) without approval by the Assembly.

2) Malpractice in remittance of revenue collection through M-pesa to a personal mobile phone.


3) Revenue being deposited to an account with Chase Bank other than the revenue fund account with the Central Bank of Kenya which is contrary to the Constitution of Kenya 2010 Cap. 12 Article 207 on Public Finance.

4) The County Government releasing its officers on deployment to collect the revenue on behalf of the contracted firm.

5) The Committee asked for revenue reports particularly those from Rain Drops Ltd. together with the filled up receipt books used by the firm but to date they have not been availed with them and no explanation given which gives room for speculation.

Recommendation Mr. Speaker, Sir, Prior to the investigations, the Committee believed the County Government had installed proper controls to safeguard the County public funds but established that it was not the case; the funds were even in a bigger risk. The Committee therefore, recommends to the House for an urgent special audit by the Kenya National Audit Office (KENAO) to enable the House to come up with an informed decision after the audit report. Attachment: 1) Annex (I) to (v) Committee Minutes 2) Annex (VI) Secondment and deployments 3) Annex (VII) Town Administrator’s commitment note for money handed over to him 4) Annex (VIII) Hand written report by the Mariakani Sub-County Revenue Officer. Mr. Speaker, Sir, On behalf of the Committee, I take this opportunity to thank the offices of the Speaker and the Clerk of the County Assembly for the logistical and technical support accorded to it during its investigative period. Finally, I wish to express my appreciation to the Honourable Members of the Committee and the staff who sacrificed their time to participate in the activities of the Committee and preparation of this report. Mr. Speaker, Sir, It is therefore, my pleasant duty and privilege, on behalf of the Public Investments and Accounts Committee, to table the report on Kilifi County Revenue collection services by Rain Drops Ltd., in instituting its mandate for consideration and adoption pursuant to Standing Order 187. Mr. Speaker, Sir, I come to the end of the report from the Public Investments and Accounts.

The Temporary Speaker (Hon. Kenga): Thank you very much. Honourable Members, the Chair of the Public Investments and Accounts Committee has already tabled the report before the House. I now call upon the seconder of the report.

(Hon. Nzaka stood to second the report)

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Nzaka. I now

propose that the report by the chairman of Public Investment and Accounts Committee be adopted as tabled and welcome Members to make contributions. Yes Hon. Japheth Nzaro.


Hon. Nzaro: Thank you Mr. Speaker. I rise to support the adoption of this report as tabled by able chair of Public Accounts and Investments Committee. Mr. Speaker, the oversight authority of this County is invested in this Assembly and what is happening around is that, finances of this County are very wanting and I would like to refer to what our beloved Constitution stipulates. Mr. Speaker, if you look at Article 207 of the Constitution, any money collected on behalf of this County by any individual has to be deposited in the revenue account and in contradiction of that Article Mr. Speaker; the County Government went ahead and opened a joint account with Chase Bank and the County Government of Kilifi. This was an illegality and we should condemn anything illegal. This House should be a House of rules and procedure. If somebody fails to follow the rules of this House and the Constitution, then that agreement is an illegality and it should be null and void, Mr. Speaker. If you look at what is happening, the essence of this Chapter entails that all procurement done should be in a fair and equitable manner but let us think again, what happened? If we subject that document to public participation right now, Mr. Speaker, things are very bad outside this Assembly; in fact, our people don’t want this company to collect revenue on their behalf, Mr. Speaker. Why am I saying this? Mr. Speaker you realize when this County Government engaged the services of this company “Rain Drops”, they were employees who were doing the collection of the revenues from our County Government, Mr. Speaker. Some of these employees were seconded to the company by the name Rain Drops but the others who were not seconded, you will agree with me, just went into the office, sat there and relaxed while at the end of the month they get paid because they don’t have any job. This is sad, for example, the County can use revenue and just keep quiet about it. The Ward I represent has been all over in this republic as being the poorest in this County and if you see such people who are supposed to elevate that region from poverty, and then we keep people collecting revenue which is not benefiting the people of this County. We are not doing justice to our people. We need development to go to every corner of this County and if revenue is just being wasted, it is not right. Mr. Speaker, there is also a purported letter which I think most of the Members have received; this letter is with me and if you go through it, there is a paragraph which shows there is a Honourable Member of this County, who also happens to operate some businesses having lorries transporting sand. If you look at this letter it purports that he does not pay cess. What does this mean? It means we are losing a lot of revenue in this County. I don’t think we have anything to achieve from this loss of revenue. Mr. Speaker, if you also look at the sanctions which this Constitution tells us when these things are happening. I think we should not stay quiet here. Again if you look at the report which has been tabled when this Committee was going round, there were some areas where this Rain Drops Ltd. were engaged and they declined to give evidence to this Committee. What does this mean? Look at Article 195 of the Constitution; the Committee has the power to summon and to call for the evidence it requires, Mr. Speaker. This was denied which means there are fishy things maybe which we have to deliberate on. I think this County has to stand and be accountable for the rights of its people. Mr. Speaker, the conduct of these state officers who happened to append their signatures on these agreements which are not legal and not passed in this House is an indication that they did it in their own interest and to benefit their own pockets. If you look at Article 75, what does it say about the conduct of this state officer? ‘Any public officer who compromises official interest in favour of the paternal interest which are stipulated in contradiction of that’. I think this House should stand by the people of this County in demanding that any revenue collected should be


deposited in the rightful account and all procedures be followed. With those few remarks, I stand and tell people of Ganze to support the adoption of this report. Thank you, Mr. Speaker.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Nzaro for your contributions, any other contributions? Yes Hon. Daniel Mangi.

Hon. Mangi: Thank you Mr. Speaker, Sir. Before I proceed, may I take this opportunity to congratulate the PIAC, the Chairperson and the entire Committee for a job well done. Mr. Speaker, I will just go direct to my points. The revenue aspect in any County is the common denominator that makes a County move forward as regards to finances. Mr. Speaker, I will go back to our Budget 2013/14 whereby the anticipated budget that we were to collect local revenue, we had targetted at Kshs.2 billion. Mr. Speaker, you will recall or the Honourable Members will recall that the controller of budget reduced that amount because she said it was unrealistic. Still we reduced that amount to Kshs.735 million and we still did not achieve that target; we achieved Kshs.454 million. Mr. Speaker, we cannot just sit and see that while we are really in need of money. However, we are not only missing the important aspect but not only are we are seeing it and getting the funds but these funds are not being deposited where they should be deposited. Mr. Speaker, why should we be here as legislatures if we shall not stamp our authority on oversight? Overseeing does not mean that we quarrel with an Executive Member or the Chief Officer, Mr. Speaker. We have to stamp our authority to show when things are going wrong so that we point towards the right direction. I have been alarmed by seeing this report that monies have been exchanged from the revenue officer and channeled through M-pesa to an official in this County Government. It is a big shame and we cannot afford to sit back and witness bad things happen in our County. Mr. Speaker, our County has been given a provision in the next financial year 2015/2016 and anticipation of about Kshs. 9.33 billion from the National Government. However, if we are not able to have checks and balances within ourselves and as we know Mr. Speaker, the National Government is not for devolution. We should lead in revenue collection Mr. Speaker, so that when we get the funds from the National Government, we are able to manage it wisely. Again our anticipated local revenue for this 2014/2015 is one billion. Will we be able to achieve this target if this conduct continues? Then why should we sit back and watch people steal our revenue? We cannot blame anybody since the natural resources are there. We are getting revenue but this revenue is being diverted to where it should not go. We are saying no, and that is why I am standing in my position and supporting this very important and powerful Committee. They have done a very recommendable job. I am sure they have undergone a lot of tribulations but that notwithstanding they have made sure that they have brought this report to the House. In supporting them, we shall be making history in Kilifi County. Mr. Speaker, according to the new Constitution, a Kilifi citizen from Magarini or Mtwapa can question us about the collection of revenue. At the moment we are getting questions which we honestly don’t have answers to from the people who voted for us. We have been saying a lot of things as the County Assembly Members but we do not have the answers. We should now take this as an insult on our part. After all, even with the things that these people are doing, they are not recognizing us as Members of the County Assembly. They are belittling us; they do not know that this County Assembly is supreme. We make and pass laws Mr. Speaker, and when we pass the laws, the laws have to be followed. Lastly Mr. Speaker, according to this report they have stated that procurement procedures were not followed and I have read in another letter from another lawyer saying that the procurement laws were followed. Mr. Speaker, there was no competitive procurement procedures; it was a simply sourcing of saying just take this job.


What competition can we see there? At this moment we are saying enough is enough; whatever wrong has been committed we have to rectify it as a House. I stand here and plead with the Honourable Members that we fully support and adopt this report so that we can bring in those auditors and we should act with speed to conclude this matter so that we can sit back and say, Kilifi County as far as the revenue collection is concerned is perfect. I beg to support and I plead my fellow Members to follow suit. Thank you.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Daniel Mangi, the Member for Bamba Ward who is also the Chair for Finance, Budget and Appropriations Committee. Any other contributions, I can see a hand from Hon. Nzaka

Hon. Nzaka: Asante sana Bw. Spika. Nimesimama kuunga mkono ripoti hii na ninamshukuru Mwenyekiti wa Kamati pamoja na Kamati nzima kwa kazi nzuri waliyoifanya. Bw. Spika, Kamati hii ilipokuwa inaendelea na uchunguzi ilibainika wazi kwamba sheria za kampuni hii kupata ile kazi ama ile kanuni haikufwata, kwa sababu Bunge hili halikupatiwa nafasi ya kuidhinisha ya kuwa mko tarayi kupeana kazi kwa kampuni iliyotajwa hapo juu ya Rain Drops Ltd. Bw. Spika tulipata ya kwamba pia zile sare ambazo wanatumia, mhuri, vitabu vyote ni vya Serikali yetu ya Kilifi. Bw. Spika, tuligundua ya kwamba pia kuna baadhi ya maofisaa ambao hizi pesa zinaingia katika mifuko yao. Ukiangalia ripoti hii huko mwisho utapata ya kwamba kuna pesa takribani shilingi 451,500 zilizoenda kwa ofisa mmoja anaitwa Daniel Chome. Kuna baadhi ya magari ambayo yalikuwa hayalipi kodi kuna gari kama KAL 625Z, KAY 434J, KBJ 865B ambapo pesa zao zilikuwa zinaenda kwa mtu binafsi. Bw. Spika, tunajua ya kwamba tukiangalia kanuni, pesa hizi zote zinatakikana ziende kwa benki kuu ya Kenya lakini inasemekana kuna benki ambayo inajumuisha mfanyikazi wa Rain Drops pamoja na wafanyikazi wa Serikali yetu ya Kilifi ambayo ni kinyume na kanuni za sheria. Bw. Spika, tulipoenda sehemu za Mariakani tuligundua ya kwamba kuna maafisaa katika kampuni hii hawakuwa wazi kupeana hii ripoti kwani walikuwa hawataki kupeana hiyo ripoti na kisheria kamati hii iko na uwezo wa kupata ripoti ikiwa inazihitaji. Bw. Spika, tulipata vitabu ambavyo kampuni hii inatumia ni vya Serikali yetu ya Kilifi ilhali hii kampuni inaitwa Rain Drops lakini ukienda kwa ofisi hautapata karatasi hata moja imeandikwa Rain Drops. Makaratasi yote utakayoyapata pale na vitabu, mihuri na hata vitambulisho vya ajira utavipata vimeandikwa Serikali ya Kilifi Kaunti kuonyesha kwamba wale ni wafanyikazi wa Jimbo hili la Kilifi. Bw. Spika, sisi tunasema ya kwamba kila mmoja abebe msalaba wake ikiwa kuna makosa yalifanyika. Makosa hayo yapelekwe kwa mjibu wa sheria. Sisi kama Wajumbe hatutakubali uzembe kama huu uendelee katika Kaunti yetu ya Kilifi. Sisi tuko hapa kutetea kodi izidi kupanda. Ikiwa sisi tunataka kupeana kampuni ichukue ushuru kwa niaba yetu basi ushuru ule upande sio ushuke. Bw. Spika, mambo ambayo yanaendelea kwa sasa sio mazuri. Ningeomba Auditor General apatiwe hii kazi afanye uchunguzi wa kina na watakapomaliza ripoti yao walete ndani ya hili Bunge tuweze kupeana mwelekeo. Asante sana Bw. Spika.

The Temporary Speaker (Hon. Kenga): Thank you Hon. Nzaka. Hon. Daktari Chitibwi Hon. (Dr.) Chitibwi: Thank you very much Hon. Speaker. I am rather concerned by the

way this discussion is going on. The chairman has presented this report to us but the people who are in the forefront to discuss it are the same Members of the Committee. So are we being told that they have not completed their job? I believe they should have left those Honourable Members to make their comments and then later clarify a few things to us. So, is it saying that that job was not completely done?


(Hon. Mramba stood on a point of order)

The Temporary Speaker (Hon. Kenga): Yes Hon. Mramba. Hon. Mramba: Mr. Speaker, I think there is no law barring any Member of the Public

Investments and Accounts Committee in debating this report whereas they investigated and they brought this report but, there is no law that bars them from contributing on this Motion Mr. Speaker.

The Temporary Speaker (Hon. Kenga): Thank you very much. Hon. Daktari Chitibwi you are out of order. The Chairperson of the Public Investments and Accounts Committee tabled the report last week and was scheduled for debate today. He moved the report today and I proposed the question by putting the report open for debate. Therefore, any Member of the House, that is the County Assembly of Kilifi, has an opportunity to make contributions. Anybody can stand whether a Member or non- Member of the Committee since it is open for debate and everybody will have an opportunity to make his or her contributions. Proceed.

Hon. (Dr.) Chitibwi: Thank you Mr. Speaker. I still would like to say that I express my concern because the truth is if you have given me a report why don’t you wait for me to make a comment? You have given me a report and then it’s like you are telling me what I have given you here is not sufficient…

(Hon. Nzaro stood on a point of order)

The Temporary Speaker (Hon. Kenga): There is a point of order from Hon. Nzaro. Hon. Nzaro: Is it in order Mr. Speaker, for the Member to continue addressing the same

issue when you have made a ruling? Thank you, Mr. Speaker. The Temporary Speaker (Hon. Kenga): Hon. Daktari Chitibwi you are out of order.

Please make your contributions. Say what you have based on the report? Hon. (Dr.) Chitibwi: Thank you very much Mr. Speaker, Sir. I wish to say from this

report I would have expected more recommendations in writing here as we expect that our colleagues have contributed.

Giving recommendations here I’m saying that the National Audit office carry out an audit, fine, I agree with that but our own colleagues have also added something on top which they have not put on this report and we expected them to say because we found somebody has collected money and put it in his pocket and that officer should step aside.

(Hon. Mramba stood on a point of order)

The Temporary Speaker (Hon. Kenga): Yes, a point of order from Hon. Mramba. Hon. Mramba: Is the Member on the floor in support of this report or he is against it?

Let him be clear, please. The Temporary Speaker (Hon. Kenga): Hon. Daktari Chitibwi once a Paper or a report

has been tabled before the House, you have an opportunity to go through the report and if you want to propose Amendments there is still time for you to make Amendments. The Procedure and the Standing Orders are very clear; it is stipulated there. So if you thought there were issues you wanted to add, they should have been put in writing and forwarded to the office of the Clerk


so that you have an opportunity now to propose whatever you thought must be included in the report.

Please proceed. Hon. (Dr.) Chitibwi: Mr. Speaker, Sir, before I continue I also would seek clarification.

I was given this report a half an hour ago. How do you expect me to read it and contribute fully the way you expect me to?

(Hon. Ibrahim stood on a point of Order) The Temporary Speaker (Hon. Kenga): There is a hand from Hon. Ibrahim. Hon. Ibrahim: Asante sana Bw. Spika. Mnenaji ambaye anajiita ni daktari

ananishangaza. Siku zote huwa tunapewa ripoti dakika kumi ama nusu saa ama masaa mawili na huwa tuko tayari kuchangia. Angetuambia anapinga ripoti hii ama anaiunga mkono.

Hon. (Dr.) Chitibwi: Mr. Speaker, I don’t want to seem to be stubborn but I seek your guidance. Any report brought to this House, does it mean that we should adopt it fully as it is or am I allowed to make a contribution and then probably other Members of this Honourable House will agree to an Amendment? I cannot just propose an Amendment without a background. I think I seek clarification…

The Temporary Speaker (Hon. Kenga): Hon. Daktari Chitibwi, I have been very clear that the Standing Orders stipulate the procedures of one to propose an amendment to a report that is tabled before the House and by the mover of the report tabling the report and given days for it to be debated. That was an opportunity for you to have moved to the office of the Clerk and demand for that report because I believe you have an opportunity as of now to make your contributions and then let us hear your contributions.

Hon. (Dr.) Chitibwi: Thank you very much Mr. Speaker, Sir, I have an opportunity… The Temporary Speaker (Hon. Kenga): There is a point of order from Hon. (Ms)

Mbeyu. Hon. (Ms.) Mbeyu: Mr. Speaker, Sir, I think the time allocated for the Member on the

floor is over. We are taking too much time. Thank you.

(Applause) The Temporary Speaker (Hon. Kenga): Would you wind-up your contributions? Hon. (Dr.) Chitibwi: Mr. Speaker, I’m going to request that let all of us read the

Standing Orders. It does not say that I should completely adopt it as the Honourable Member is saying. So I will take the opportunity to read through it thoroughly and maybe propose amendments. Thank you.

The Temporary Speaker (Hon. Kenga): Thank you very much. Any contributions? Hon. Mramba.

Hon. Mramba: Thank you Mr. Speaker. First and foremost, I would like this Assembly to send a message to the lawyer who brought these letters to all Members of this County Assembly. These letters came from a lawyer known as Kilonzo and Aziz Company but he had been instructed by his clients, that is Rain Drops Ltd. and in his letters he alleged that Members of this County Assembly are harassing his members of staff. But I would like to say and I will quote, I will take you to Article 195 of this Constitution of Kenya which says and I will read Mr. Speaker:-


A County Assembly or any of its Committees has power to summon any person or appear before it;

1. For the purpose of giving evidence or providing information. 2. For the purposes of Clause One an Assembly has the same powers as the High court to

a) Enforce the attendance of witnesses and examining them on oath, affirmation or otherwise.

b) Compel the production of documents and c) Issue a commission on request or request to examine witnesses abroad.

Mr. Speaker, this lawyer who wrote these letters to the Honourable Members I will say does not know the Law and I wish that your office advises him accordingly so that he stops threatening or intimidating Members of this County Assembly.

We are here and we are elected or nominated by various interest groups and we are here to serve our people and we shall never be intimidated.

Mr. Speaker, Rain Drops was given this tender to collect money on behalf of the County Government of Kilifi, but the duration itself raises eyebrows. It was given a time frame of 15 years; which is a tender of 15 years to collect money on behalf of Kilifi County Government and is un-procedural, Mr. Speaker. The Law states very clearly that any money that belongs to the County Government can stay outside that account for only three days and not more than three days. So, if this money is banked in an escrow account which belongs to the County Government under the Rain Drops and it stays there for more than two months before it is transferred to the account of the Kilifi County Government, Mr. Speaker, which is contrary to the public finance procedures.

Mr. Speaker, I will say that we cannot contract a company to collect money on our behalf then use our Members of staff who are paid from the coffers of Kilifi County. Those Members who are working for Rain Drops are employees of the Kilifi County Government Mr. Speaker, so where is the rationale? It is a project that has been sourced from outside; it is supposed to employ its own employees but not use the employees of the Kilifi County Government.

The scenario at hand looks as if Rain Drops is using our own money to enrich them. Mr. Speaker, this is not a good thing. We should remember that the public out there is looking at us to act on their behalf. The report of the PIC PAC Committee is here with us and I wish to say that I support it to the latter and even those people who were adversely mentioned in it must step aside and allow the auditors to investigate and bring a report to this Assembly. Mr. Speaker, it is not a must that the report of those auditors be accepted or adopted here because we know auditors are human beings and they are Kenyans; they can also be compromised. Subsequently, it does not mean that this report from the auditors will be accepted here. Infact, according to my opinion, we will even appoint the auditors ourselves.

This County Assembly can even appoint Price Waterhouse Coopers (PWC) because it is a distinguished company known for its work but because the Committee has recommended that the Government appoints a special audit, let it be but I plead for a special audit with this Assembly, Mr. Speaker; that those who were adversely mentioned in this report step aside before the audit report starts. Thank you Mr. Speaker. I beg to support.

(Applause)


The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Mramba. It is time for Hon. Emmanuel Chai.

Hon. Chai: Asante sana Mheshimiwa Spika kwa kunipatia nafasi hii kuweza kuunga mkono ripoti hii ambayo iko mbele yetu. Na nikiunga mkono nitaanza na msemo wa kikwetu usemao; ukimwaga mboga mimi nitachukua sima niitupe. Nasema hivyo kwa sababu nikiunga mkono ripoti ya kamati hii kuna ile barua nimeletewa ambayo ilisema ya kwamba nikiendelea, mkiniruhusu niongee kizungu kidogo “the force of the law will follow you”. Hiyo tayari ikawa imenifanya kwamba niko na wasi wasi; nimeandika mtu kwa nyumba yangu na kabla sijampatia hata mshahara anaenda kunishtaki. Kwa mjibu huo ni maoni yangu ya kuwa Rain Drops isimame kando kama vile Mheshimiwa alivyokuwa anasema. Rain Drops ingesimamisha kazi kabisa mpaka tukamaliza hii kesi ili tuone kwamba Bunge hili ni Bunge aina gani na liko na nguvu gani kwa sababu wakati tunaendelea na hii kesi na Rain Drops bado wanafanya kazi basi itakuwa hatufwati kanuni. Vile vile kuna Mheshimiwa alienda kuuliza kazi ya Rain Drops wanafanya nini kwa afisi yao na hapa imeandikwa kwamba huyu Mheshimiwa alikuwa anawasumbua; haya ni madharau ambayo ninayazungumzia.

Kupitia kwa yule Mheshimiwa aliandikiwa barua ya kwamba sheria itamfuata. Inaonekana wazi kabisa kwamba Rain Drops iko hapa si kubeba pesa tu za Kaunti, bali hata kututisha. Katika hawa watu ambao wametajwa hapa kuna mmoja kati yao ambaye Rain Drops ilimpitisha vizuri sana na County Secretary na wala si Bunge. Imeandikwa kabisa hapa kwamba alifaulu katika lile jukumu lake la kuchukua pesa kwa Kaunti kupitia kwa County Secretary.

Kufwatia hapo kwamba si Bunge ambalo lilipitisha hapa ya kuwa Rain Drops iwe ikikusanya hizo pesa. Tukiendelea mbele shirika hilo limeenda na kutuandikia barua; tunafikiria sasa tutakua tunafanya kazi nao namna gani? Si ndio atabeba pesa zaidi sasa kwa sababu anajua wale mabwana sasa nimewapa tishio na hawatanifuata tena.

Sitaendelea zaidi kwani ni sikitiko kama Rain Drops itaendelea kukusanya pesa za Kaunti ya Kilifi. Kutoka leo ingesimama kwanza halafu tukaendelea. Asante.

The Temporary Speaker (Hon. Kenga): Thank you very much. Hon. Emmanuel Chai for the contributions. Let us now hear contributions from Hon. Pricilla Zawadi.

Hon. (Ms.) Zawadi: Asante sana, Bw. Spika kwa kunipatia nafasi hii. Mimi nimesimama kuunga mkono ripoti hii mia kwa mia.

Bw. Spika, ni kitu cha kushangaza ikiwa mama anatoka asubuhi kwake nyumbani akiwa ana mboga akizizungusha na anapitishwa huku na huku kasha unapata ule ushuru unaotolewa haumfaidi yeye mwenyewe.

Ni jambo la kusikitisha kwamba County Secretary wetu wa Kilifi, ni aibu hata tukimtaja jina tunaona ni Owen Baya, anapeana ruhusa ya kwamba wafanyakazi wetu wa Kaunti ya Kilifi waende kuungana kufanya kazi na Rain Drops. Kitu cha kushangaza ni tunajua ya kwamba mtu akiomba kazi ama ni kampuni imepewa kazi Bw. Spika, tunajua kwamba ni yeye atakuwa na wafanyikazi wake. Itakuaje leo tunajua ya kwamba Rain Drops ndio inachukua pesa kwa ajili ya Kaunti yetu ya Kilifi na wafanyikaizi wetu ni wale wale wa Kaunti ya Kilifi?

Ni jambo la aibu na la kusikitisha ikiwa hata waziri wetu wa fedha anajua wazi kwamba ni wafanyikazi wetu; ukiangalia kwa hiyo ripoti nyuma utapata kuna barua ya County Sectary pale ambayo alipeana kwamba iende kutolewa wafanyikazi washirikiane na watu wa Rain Drops hapa. Ni jambo la kusikitisha kwani sisi tukiwa viongozi hapa na wananchi wanaumia kwa kutoa ushuru kila siku na baadaye unapata ushuru ule hauwafaidi. Ni jambo la kuhuzunisha na


sisi kama wajumbe hatutakubali Rain Drops iendelee kuchukua ushuru ule na mwananchi anaumia kwa sababu hatufaidi wala haifaidi watu wa Kilifi.

Bw. Spika, itakuwa ni jambo la kusikitisha kwamba sisi kama wajumbe wa Kaunti ya Kilifi hatujui kwamba kuna Rain Drops maana hatuna habari nayo na ikiwa hasa wamepeana hata barua zao wakiwa wanataja majina Ali Bakari akiwa mmoja wao. Kuna Asha Jumwa akiwa ni Women Representative wa hapa Kilifi na halipi ushuru. Hii ni hasara kwa Kaunti ya Kilifi na hatutaendelea kuvumilia kwa sababu kama wanaona tumenyamaza hatujanyamaza na tumeamka. Kama walikuwa wanafikiri tumelala walikuwa wamelala wao na hivi sasa si wakati kwamba sisi tutatishika; ni wao watishike maana watasimamisha kazi wanayoifanya na tutachukua pesa wenyewe kama Kaunti ya Kilifi, Asanteni.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Pricilla Zawadi. Hon. Bakari please proceed

Hon. Bakari: Asante sana, Bw. Spika, kwa kupata hii nafasi. Kwanza nasimama kwa kuunga mkono ripoti ambayo imeweza kuletwa hapa Bungeni na Mheshimiwa Duncan, Chairman PIC PAC. Bw. Spika, Kaunti ya Kilifi haiwezi kusonga mbele ikiwa haitakuwa na pesa. Pesa hizo zinatokana na ushuru ambao utaweza kukusanywa kutoka kwa hiyo Kaunti. Bw. Spika, mimi pia nitaungana na wenzangu kama vile walivyozungumza. Tunasema kwamba imeingia kwa njia ambayo si ya sawa kwa sababu Bunge hili halikuweza kuhusishwa na kama lingehusishwa tungejua kwamba kuna ripoti za Hansard pengine ziweze kutolewa kuona kwamba ni kweli Bunge hili liliweza kupitisha. Pia ni jambo la kusikitisha kwani sioni sababu wakati tulipokuwa sisi katika Council kuna makampuni kama Bamburi Cement, Athi River na Mombasa Cement ambayo yalikuwa yanaleta hundi zao moja kwa moja kwa benki. Sasa hivi imekuwa pesa zile zinaingia kwa mkono mwingine, zipigwe mafungu mkono mwingine, chache zije kwa Kaunti. Bw. Spika, mimi nasikitika sana kuona ya kwamba watu wale ambao wameweza kupewa hiyo kazi kwa njia ambayo si ya sawa, sasa wamekosa kuheshimu Bunge hili. Hili ni Bunge ambalo kwamba liko hapa kisheria na ni Bunge ambalo linastahili kuheshimiwa. Bw. Spika, hawa Waheshimiwa ambao wako hapa wote ni Waheshimiwa ambao wanatambuliwa kule wanakotoka; ni Waheshimiwa ambao wanawakilisha watu wao hapa Bungeni na sioni sababu gani Bw. Spika, kwamba mtu mwingine ama kampuni iweze kudharau Bunge hili. Bw. Spika, sisi kama Bunge la Kaunti ya Kilifi tunasimama wima na kusema kwamba hatutakubali kamwe kuletewa madharau.

Tena Bw. Spika, hiyo Kampuni tunasema kwamba ikae kando kazi ifanywe na Kaunti mambo mengine baadaye. Bw. Spika, nimeona kwa hili karatasi kwamba Kamati ya PIC PAC imeshtakiwa ama wakili ameleta barua na hasa kutaja ya kwamba; Mheshimiwa Ali Bakari wa Mtwapa akome. Mimi nataka kusema kwamba sitakoma kamwe. Ikiwa niko pale kama Mwakilishi wa wananchi na nilienda pale kuwakilisha wananchi wangu. Bw. Spika, nataka kusema hivi, sisi tuko hapa kuona kwamba kila kitu kinaenda kwa njia ya kisawasawa ili tuone Kaunti yetu ya Kilifi imeweza kufaidika. Bw. Spika. ikiwa kuna mwingine ataanza kuleta matatizo kwa Kaunti hii, mimi nitakuwa mstari wa mbele kuona kwamba Mtwapa hakutakusanywa pesa na kampuni ya Rain Drops na ninazungumza bila uoga. Na wengine nao ambao kwamba wataona ni sawa watafanya hivyo. Haitakuwa sawa Bunge hili ama Waheshimiwa hawa waweze kudharauliwa . Hilo hatutakubaliana nalo; tuko hapa kisheria na tuko hapa kuona kwamba tunawakilisha watu wetu kule mshinani.

Bw. Spika, Mheshimiwa Zawadi amezungumza kwamba kuna yule muuzaji mboga na yule muuzaji samaki pale ambaye kwamba anaenda kukatiwa ushuru. Pesa zile ambazo kwamba


anakatiwa hazioni faida yake. Nikielezea kuhusu hii barua Bw. Spika, ni kwamba mwananchi ana haki ya kuuliza haki zake za kimaendeleo kule mashinani. Ikiwa unamchukulia ushuru basi lazima ushuru ule urudi kwake yeye.

Ikiwa Bw. Spika, tunazungumzia kuhusu Rain Drops na yale ambayo wamezungumzia hapa, basi Mtwapa wakati huo wakiitisha hizo pesa barabara zilikuwa ni mbovu zote. Watu wa boda boda walikuwa wana haki ya kusema kwamba hawatolipa pesa mpaka barabara zitengenezwe. Waliwachukua watu wale na kuwapeleka kwa polisi. Nilifika polisi kwa bahati nzuri na nikakuta hao watu wa Rain Drops pamoja na wale watu wa boda boda wako pale. OCS aliweza kuniambia kwamba nijaribu kuzungumza na hao watu wa Rain Drops pamoja na watu wangu. Tulizungumza na nikaweza kumpigia simu Waziri wa Barabara Bw. Saburi na tukaweza kuweka mkutano na watu wa boda boda na tukakubaliana ya kwamba wakae mpaka watengeneze barabara. Wakati walipowashika nilizungumza na wasimamizi wa Rain Drops lakini walikosa kuniheshimu wakaendelea na shughuli zao.

Bw. Spika, mwananchi ana haki ya kudai matunda yake ambayo kwamba yanaweza kutoka kwa Kaunti ya Kilifi. Sioni makosa mimi nikiwa Mwakilishi wa wananchi na nikiwa sauti ya wale wananchi kuzungumza kwa niaba ya wananchi. Mimi ninaunga mkono kwa dhati na ninaregelea kusema kwamba hii barua ambayo ameileta ya wakili sitatishika nayo kabisa na katika hii barua hawajashtaki Mheshimiwa Bakari bali wameshitaki watu wa Mtwapa. Huu ni ujumbe ambao tunapeana hawa watu kwamba wawachane na Waheshimiwa wa Bunge la Kaunti ya Kilifi; hawa watu wawachane na Bunge la Kaunti ya Kilifi. Huo ndio ujumbe ambao uwafikie kwamba wawachane kabisa; sisi tuko hapa kisheria na tunafanya kazi zetu bila uoga. Asante sana Bw. Spika

The Temporary Speaker, (Hon. Kenga): Thank you very much Hon. Bakari Ali. Hon. Ibrahim Abdi Athuman please proceed.

Hon. Ibrahim: Asante sana Bw. Spika, mimi ninasimama hapa kuunga mkono hoja hii.

(Applause) Hon. Ibrahim: Bw. Spika, shirika hili la Rain Drops limeleta vurumai nyingi sana katika

jimbo letu la Kilifi. Maswali ambayo tunayapata nje ni mengi. Japokuwa vijana wetu wameajiriwa na shirika la Rain Drops, tuko radhi, Bw. Spika, wapoteze kazi lakini usawa ufanyike.

(Applause)

Hon. Ibrahim: Tukumbuke ya kwamba huu ni ule ushuru ambao unafaidi Jimbo letu la

Kilifi “Local Revenue Collection”. Pesa hizi hazijulikani tunapata ni ngapi ama hatujui zinakwenda wapi, Bw. Spika.

Kabla ya serikali ya Jimbo letu la Kilifi kupatia nafasi hili shirika la Rain Drops, usawa Bw. Spika, ni kwamba Mwenyeketi wa Fedha kwanza angehusishwa. Tujue ya kwamba wanapatiwa kazi hii; watakusanya shilingi ngapi, ama Kaunti hii itapata shilingi ngapi kwa mwezi. Bw. Spika, Mwenyekiti wa Kamati yetu ya Fedha wa Bunge hili hakuna lolote ambalo analijua. Hajui Rain Drops inakusanya shilingi ngapi kwa mwezi na kwa mwaka tunapata shilingi ngapi; Malipo yao ni shilingi ngapi na sisi tunapata nini?


Bw. Spika, Kamati hii ikiongozwa na Mwenyekiti imepata msukosuko mkubwa sana. Katika hii ripoti ukiisoma kuna wafanyikazi ambao wako kwa maofisi wameandikwa na Rain Drops ambao waliwatolea ujeuri Kamati hii na kuwatusi. Bw. Spika, Mheshimiwa ambaye ametumwa na Bunge hili kuenda kufanya upelelezi wa kitu fulani na ikiwa mfanyaji kazi wa kawaida atamtusi, je tajiri wake atafanya nini?

Bw. Spika, kumekuwa na mipangilio mingi sana kwenye hili shirika; wamekuwa na kiburi wahusika wenye hili shirika. Wanachukulia Waheshimiwa ni kama ambao hawajijui wala hawajitambui. Kitu muhimu ambacho tunataka ni kwamba saa hii ni vizuri Kampuni ile ikae kando sisi kama Serikali ya Kaunti tuchukue wenyewe kazi kama ile tujue hasara yake na faida yake. Wakati tukifikiria kuna umuhimu wa Rain Drops, Bw. Spika, tunaweza kutangaza kazi zile kulingana na mpangilio unaotakikana. Katika jimbo hili la Kilifi si kampuni ya Rain Drops peke yake ambayo ilikuwa inataka kazi ile; kampuni ni nyingi sana Bw. Spika. Je, kwa nini kampuni nyingine hazikuhusishwa bali Rain Drops peke yake? Kulikuwa kuna kitu gani ndani yake? Haikutangazwa kwa vyombo vya habari kwani sisi Waheshimiwa hatukujua na Bunge hili halikujua; hatukusikia mahali popote bali tuliambiwa kijuu juu ya kwamba Rain Drops ndio watakusanya ushuru wa Kilifi Kaunti.

Ni jambo la kuhuzunisha na kusikitisha. Sisi tukitaka Bunge hili liheshimiwe na mwananchi wa kawaida katika jimbo letu aheshimiwe Bw. Spika. Kwa hiyo ni lazima kampuni ile iondoke wapende wasipende. Ikiwa kama ni kampuni iko na faida na usawa, ni kitu gani kimewafanya wamekimbia kwa Wakili kutuletea barua sisi Waheshimiwa Bw. Spika? Haya makaratasi ambayo yameletwa na wakili ya kututishia sisi kama Waheshimiwa ni kama makaratasi ya chooni; sisi hatuwezi kuyatambua.

Bw. Spika, sisi tunaunda sheria katika jimbo letu la Kilifi na tuko na haki ya kutetea wananchi wetu. Hatutambui wakili; hili ni Bunge na tumewekwa hapa na wananchi tuwawakilishe. Sisi tunafwata ile sheria ambayo imetuleta hapa. Kwa hayo, ninaunga mkono kwa dhati ripoti hii. Asante sana Bw. Spika.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Ibrahim Abdi for your contribution. Hon. (Ms.) Mbeyu please proceed

Hon. (Ms.) Mbeyu: Thank you Mr. Speaker. I rise to support this report and congratulate the chairman Hon. Kaingu and the Committee. Mr. Speaker, I want to site a few issues in this document and go straight to the findings of the Committee. The Committee came up with the following findings;

1. Rain Drops flouted procurement procedures more particularly on the contract award for the private revenue firm Rain Drops without approval of the Assembly.

2. Multi practice in the remittance of revenue collection through M-pesa or through a mobile phone.

3. Revenue deposited to an account with Chase Bank Revenue Fund account rather than with the Central Bank of Kenya.

4. The County Government releasing its officers on the employment to collect revenue on behalf of the contracted firm.

5. The Committee asked the revenue drops particularly together with the files and receipt books used by the firm but to date they have not availed these documents. Mr. Speaker, we may debate so much about Rain Drops but it is not worth being in place

as at now because of these findings. Mr. Speaker, if you go to Minute 3 to add pain to injury, as Members we informed the Minister that the Committee also wanted to see the agreement


between the County Government and the Rain Drops on the said contract. The one who signed the contract in this document is not by the Law allowed to. I don’t know if this is his work to sign documents because one we did not find the advert to privatise revenue collection in Kilifi County unless I was not in this House.

Mr. Speaker, this was single sourced, with all these findings flouting the procurement process and then why do we think Rain Drops is the issue? The Committee wanted to know why Rain Drops workers are using County Government uniforms, staff with portable documents such as receipts books, revenue collecting sheets and the County Government logo instead of Rain Drops. If it was a private firm they could be using their own logos, uniforms and receipt books. What is between the County Government of Kilifi and the Rain Drops that they are using the logo of Kilifi County Government? What is the difference now between Rain Drops and the County Government?

Mr. Speaker, this is fishy. When you read between the lines in this report and more so the Committee also sought to know why some collection is submitted to the administrator; the so called Manager of the Malindi sub-County office Mr. Chome who is said to be remitting the revenue to its required destination. Who is Mr. Chome in Kilifi County? Can we know what his role or designation of work is in Kilifi County? When you are at the headquarters, you are told he is the Economic advisor to the Governor, and when you come here in Malindi, he is the Manager. What is his position and why are these other monies being sent directly to him? I think without much ado when you look at the letter dropped at the pigeon hall, I was reading it with disappointment, the lawyer to Rain Drops says and i will read some of the paragraphs that, ‘the County Government of Kilifi after following the due process and the laws regulating the public procurement in Kenya selected our clients i.e. Rain Drops’… Can this lawyer, before any other thing, substantiate to this House how the County Government process was followed since he said he followed the process of the Law and regulations related to the Public Procurement of Kenya?

Mr. Speaker, the lawyer says our Client after having been legally selected entered a legal binding agreement of contract with the County Government of Kilifi. Who is the County Government of Kilifi without the County Assembly, Mr. Speaker? Who is this County Government of Kilifi who entered into contract and he cited very well it was legally selected? Where was the tendering and selection done to make Rain Drops the selected private firm to collect? Where are the other three firms which were tendered in between Rain Drops and the others? Who is number two and three in the privatization of revenue collection of Kilifi? Mr. Speaker, we have had enough, we have heard the kind of disrespect by Rain Drops members of staff to the Members of County Assembly cited one by Hon. Bakari. He has explained himself to this House; we need respect from the lawyer. The last statement here from this letter which is to the Clerk of the County Assembly being told to take further notice that if his office fails to effectively play its role of advising the said Committee of the County Assembly and the individual Members of Kilifi County Assembly, one being Hon. Bakari, to stop the said harassment, he will also be included in the said suit. Let him go ahead with his suit; we want to go to court with Rain Drops. Who is this intimidating lawyer? I don’t know what his name is. Who is he to intimidate the Clerk of the County Assembly and the honourable Members in this House?

When they said privatisation did not pass through the House, does he know the roles of this House in the County? Mr. Speaker, I think we need your guidance; we need to act on this letter. We have a legal advisor in the Assembly. Mr. Speaker, you are a Lawyer and we need you


to respond to this immediately. Leave alone the collection. I think from the adoption of this report, Rain Drops Ltd should drop revenue collection of the County because if money is submitted to the different accounts, the legal process will not have been followed. We don’t know what is between Rain Drops and the County Government. We want answers and before we get answers, let Rain Drops drop collection of revenue immediately after the adoption of this report. Thank you.

(Applause)

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. (Ms.) Mbeyu for

making your contributions I now call Hon. Albert Kiraga to make his contributions. Hon. Kiraga: Thank you very much Mr. Speaker Sir for giving me this chance to make

my contributions. I wish to start by saying that I am highly in support of this report. I have also been angered by this letter written to us by this advocate of whom I believe we have so many advocates in the world but we have different calibers of advocates and we can also rate this advocate as an insane advocate because he does not know what the constitution entails as far as County Assembly is concerned.

Mr. Speaker, sir, I want to clearly state that whatever has been written in this document; this advocate was casting his net in a swimming pool. Mr. Speaker, this County Government is comprised of two arms; we have the Executive Arm and the Legislative Arm. This is a very big undertaking. Outsourcing revenue collection is a very big undertaking for a County Government and it cannot be sanctioned by only one arm of the Government; it cannot. Surely there is something which went wrong and it must be corrected. We have been given examples by one of the honourable Members of people who are languishing in poverty by selling Mchicha and Kaimati while they are paying revenue to this Government and this revenue which is being collected is wasted. We are saying it is being wasted because the projection of Kilifi County Government in the budget of 2013/14 was around Ksh 2 billion this was reduced to less than Ksh 1 billion and for now it is almost Ksh 600 million per annum. Why? This is because Rain Drops is collecting something sub-standard and we cannot say it is only sub-standard because whatever the County Government is getting is peanuts. Rain Drops is getting a lot of cash from this contract.

Mr. Speaker, I really don’t want to talk a lot but I want to state that I am the representative of Gogoni Ward and am not to be made to allow people to give some money to people to make some money in the form of revenue collection to go into waste. I believe we are going on recess on the fifth; if we will come back and these things will not have been rectified and Rain Drops is still there, I am going to mobilise Gongoni people to stop paying cess to Kilifi County Government. Mr. Speaker, I am going to do it and let anybody take me to court for doing that because I will be executing my mandate as an MCA of Gongoni Ward.

Mr. Speaker who is this man called Owen? Who is he? He is the County Secretary of this County; he is almost taking everything in this County. Look at this letter he wrote; there are two letters here ‘Joint operation with Rain Drops Ltd., you urgently release all staff under your work in parking and cess collection departments to “RDL” (Rain Drops Ltd.), he was writing this to the manager in Mariakani or what? ‘You allocate offices to RDL’ and these are Government resources. He is directing Government resources to be utilized by a private entity and this is contrary to the laws of the country. Mr. Speaker, we cannot go on with such acts. This is


corruption; this is high level of corruption in this County. We are losing a lot of money because of such acts and it is high time that this County Assembly executes its mandate fully. I am very sad because if I look at what my residents are getting with somebody staying in the sun for almost I don’t know how many hours and he is paying tax which is going to different hands and is not helping him or her.

Mr. Speaker Sir, if this County is to prosper such people like the County Secretary must go. If this County is to prosper and if the local revenue is to meet its target, the likes of such people must go if not yesterday, today.

Mr. Speaker, I would like to end it there but I want to stress that when we come back after our recess and if Rain Drops has not stopped collecting cess in Kilifi County, my Gongoni people are going to stop paying Cess to Kilifi County Government. Thank you very much.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Albert Kiraga. I now welcome Hon. Kadenge Mwathethe to make his contributions.

Hon. Mwathethe: Thank you Mr. Speaker for giving me this chance to also contribute towards this report. Mr. Speaker, I one hundred percent support this report. Even before I saw this report, which I actually saw a few hours ago, because the trend here is if it is an important report you are just given a time before you go to the chambers so that you know what to say and I was here early and I was given the report, went through it and saw what it says but even after seeing it I got annoyed by this intimidating letter that was placed in the pigeon hole. If this is not intimidation and it was only Hon. Bakari who went to Rain Drops and as a matter of fact he has every reasons to go to the offices of Rain Drops and seek explanations for any reasons that he does not understand.

According to me, he was the only one to be forewarned but the fact that this letter was posted to each and every one of us, according to me, it is intimidation so that we all close our eyes so that nobody questions Rain Drops Ltd. Mr. Bakari you are not alone. As my colleague has said I will also mobilise my Shella ward people to stop paying this useless revenue. It is useless because it is not going to the County Government and this report is saying that very clearly. How can anybody in his clear and fresh senses privatise revenue collection? Revenue collection is the heart of the County. We are operating under a deficit of two billion shillings. How shall we sustain that if we give revenue collection to a private person? How much money do we know he collects in a day? How much money do we know remits in a day? And as we have seen in the report this money goes to various accounts; one to Equity bank, another one to Chase bank, another one to Diamond, others are reading even to M-pesa to private people.

I think we should cut connection to this. The processes of giving this job to Rain Drops were flouted in the first place but Rain Drops can have taken what it took and it does not even have to return to us but it has to stop collecting revenue otherwise our people will continue to pay revenue which is not eventually returned to them.

Just down stairs as we enter the Assembly, Mr. Speaker, you will see so many Bikes which have been detained for not paying revenue. Just go see how many they are and they are from Malindi. Some were even bought with loans and they are there rotting. Those who took loans to buy those bikes today are not operating because they were unable to pay revenue that eventually ends up in the pockets of people. I think this is a story of the big fish swallowing the small fish. I can say, Mr. Speaker, I was very brief as is my custom but thank you for giving me chance. Pray God it took what it took but as Hon. Mbeyu has stated it also has to propel. Thank you.


The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Kadenge Mwathethe for making your contributions. There is a point of order from Hon. Japheth Nzaro.

Hon. Nzaro: Thank you Mr. Speaker. I am rising on Standing Order number 50 to move a Motion on extension of sitting time so that this matter can be dealt with today. Thank you.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Japheth Nzaro. He is aware of what the standing orders stipulate and we are almost getting to the end of the time therefore he is moving that this House extends its sitting in order for us to have ample time to make our contributions and make sure we rest our case as on the agenda that is before the House.

Any seconder?

(Hon. Mangi stood at his place and bowed to second) The Temporary Speaker (Hon. Kenga): Thank you very much. Now the mover of the

Motion has been seconded by the honourable Member who is also the chair of the Budget Committee. I now propose that we have an opportunity to debate the agenda that is before the House; that is the extension that is sought for us to continue with the business of the House.

Yes there is a hand from Hon. Gambo. Hon. Gambo: Asante Bw. Spika. Nimetosheka na yale maongezi ambayo

yamezungumzwa na pia yamenigusa sana kuona ya kwamba hata yule wakili ambaye ameleta barua hii, Bw. Spika, hajui sheria.

The Temporary Speaker (Hon. Kenga): Hon. Gambo, you are out of order. The honourable Member for Ganze has moved a Motion seeking an extension of the House and the honourable chair of the Budget Committee has seconded the Motion. I have now proposed that we debate on the issues of extension.

Yeah Hon. Bakari. Hon. Bakari: Bw. Spika, mimi nimesimama kuunga mkono hoja ambayo imewekwa

sasa hivi na imeletwa kwa sababu waheshimiwa ambao wako katika bunge hili na ile mada ambayo kwamba inaendelea hawajatosheka. Ni kwa kweli, Bw. Spika, ile Hoja ambayo inaendelea ni Hoja muhimu sana kwa Kaunti yetu ya Kilifi. Kwa hivyo, Bw. Spika naunga mkono kwamba hii Hoja ambayo imetolewa sasa hivi na Mheshimiwa Bw. Nzaro kwamba kikao kiweze kuendelea ni sawa kabisa na naunga mkono.

Thank you very much Hon. Bakari Ali. Any contributions? Yes, Hon. Albert Kiraga. Hon. Kiraga: Thank you, Mr. Speaker. I also rise to support the Motion. Mr. Speaker,

this is a very pertinent issue that we are discussing in this Assembly and we should not give room to other eventualities. I hope when I talk of other eventualities you understand. Mr. Speaker, by the time we were discussing, I was very worried because of the quorum. I thought the quorum will not be as per the Standing Orders since there are so many tactics of frustrating a Motion like just staying outside so that the quorum cannot be met and so many things.

So, by extending this time, it will give us an opportunity to finish up this issue today so that we may not give room for other eventualities that may arise next time. Thank you very much.

The Temporary Speaker (Hon. Kenga): Thank you very much. Honourable Members, let us be guided by the law and I wish that as Members make their contributions, let us be specific so that it goes on the Hansard on what time we need to extend. Let it be captured in the Hansard. Yeah, Hon. (Ms.) Mbeyu.


Hon. (Ms.) Mbeyu: Thank you, Mr. Speaker. I support the continuation of this sitting, one; for the next 30 minutes we need to debate, exhaustively talk on this report and Mr. Speaker I beg you to give direction. As much as we want to look into this report, as much as it came late, we need to talk about it, get directions on collection of revenue in Kilifi County by Rain Drops.

Thank you. The Temporary Speaker (Hon. Kenga): Thank you very much. Hon. Emmanuel Chai. Hon. Chai: Ninashukuru sana Mheshimiwa Spika kwa kunipatia nafasi hii ya kusimama

na kuunga mkono maongezo ya wakati kupitia kwa Mheshimiwa Nzaro ambaye anaoenekana amepitia Standing Orders sana.

Ni vizuri Mheshimiwa kuleta hiyo Hoja ya kuendelea kwa sababu moja; tungependa wakati tunapotoka hapa tuwe tumetosheka ku-drop kwa Rain Drops. Vile muda ulivyoongezwa pia, Mheshimiwa wa Implementation ingekuwa vile tulivyosema kama si jana basi isiwe zaidi ya leo. Tukitoka hapa Mheshimiwa Kiraga alikuwa anasema tarehe tano mpaka tutakaporudi itakuwa ni mda mrefu mimi kabisa ningependa tulivyoongeza huu wakati tufupishe huo wakati kabla hatujaenda kule tutakapoenda recess Rain Drops iwe ime-drop na ndio sababu nilikuwa namtafuta Mheshimiwa hapa Chairman wa Implementation tuone hilo jambo limefanyika na sijui kama si saa hii ni saa ngapi ili tutakapokuja kupata wakati kama waheshimiwa, tuone kwamba vile tulivyosema hapa vimetendeka na kama havitatendeka, vitendeke. Asanteni.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Emmanuel Chai. Although the Chair of the Implementation is absent today, his Committee is strongly represented in the House. Hon. Elizabeth Muthoka is a Member of the Committee and other Members who are also present in the House are getting the sentiments of the Members. We would like to extend this debate, but before we do I would like to put the question before the House on whether we are all in agreement on the extension of extra time so as to finish our debate.

(Question put and agreed to)

The Temporary Speaker (Hon. Kenga): Thank you very much honourable Members.

We now resume our business on the deliberation of the report as tabled by the honourable Chair of the PIAC. I now welcome the Leader of Minority to make his contribution; Hon. Pascal Jacob Thuva.

Hon. Pascal: Thank you, Mr. Speaker, Sir. I also stand to affirm and confirm and revere the Committee that did a very big and good task and came up with this report, Mr. Speaker. We understand that with the coming theme of devolution, we all know that power was brought down from the National Government to the County government. The two arms of the County Government; that is the Executive and the Assembly are all strong and they hold equal powers. Neither of the two arms can arm twist the other arm or intimidate the other one. However, we are seeing one of these arms of the County government trying to forget the other arm and that is the Executive Arm which is trying to forget the power of the County Assembly that is enshrined in the constitution. Mr. Speaker, to be sincere, there are forces hiding behind Rain Drops which are trying to force their way into the Kilifi County Government system.

Mr. Speaker, we understand that if a Government can set a name and confirm a very good undertaking as the local revenue collection entity without involving the County Assembly, that is actually a breach of conduct and at the County Assembly, we cannot allow ourselves to be taken for granted, Mr. Speaker. We understand the role of the County Assembly as far as its mandate is


concerned and according to what we are getting concerning how Rain Drops is carrying its duties and the revenue that is forth coming, Mr. Speaker, we tend to agree that something is amiss.

Mr. Speaker, when you look at page three paragraph five of this report, we can see that the County Treasury or the Chief Finance Officer who was grilled by this Committee, Mr. Speaker, agreed before the Committee that the Rain Drops Company was given County Government books but later it was introduced into the system with its own books, Mr. Speaker. Of which even the Treasury Officer was recommending here that after the completion of these books, these people were supposed to go to the County Government and get new books for their operation, Mr. Speaker. I don’t know if you went through this report; you will see that there is a lot of very crucial information that is missing which was not given to the Committee for them to compile and give a complete valid conclusion. In one way or the other, we are seeing there is another scheme that is hatched to ensure that no concrete information is given to this Committee and passed to the public. Mr. Speaker, I tend to agree with this Committee that something is amiss.

Again, I concur with the Committee that this Rain Drops Company should step aside as soon as yesterday, Mr. Speaker. The traits that we are seeing being carried out, the issues involving the County Government Officials to go and collect revenue on behalf of a private entity, Mr. Speaker, is not allowed. The County government feels that it is able to collect its own revenue and we already have enough staff that used to serve during the County Council still in office. Then we get another entity that is using a lot of collected revenue which in my own thinking is what we call double standards because we cannot be having people who were assigned the duty of collecting revenue during the olden days still in their offices, and again they are using the same people to go and collect monies from a private entity. We cannot agree on that, and for the lawyer who in my belief still lives in the KANU era, where he thinks he can intimidate the honourable Members who know what they are doing in this Assembly; I pity this lawyer. I would even beg that this lawyer be brought to the Court of law to answer charges of hate speech, threats and even intimidation, Mr. Speaker, because there is no way a lawyer can instruct the High Court. We were given the powers of the High Court by the constitution, Mr. Speaker, Sir. So, if a lawyer can sit and think that he can use all tactics, let that lawyer know that this is a different era altogether. I stand to support this Motion Mr. Speaker. Thank you so much.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Pascal Jacob Thuva. Any other contributions from the honourable Members? Yes Hon. Mwayaa, please proceed.

Hon. Mwayaa: Asante Mheshimiwa Spika. Nami nimesimama kuunga mkono ripoti ambayo imekuja na Kamati ya PIC and PAC. Kwa hakika, kamati hiyo imefanya kazi nzuri na ninasimama wima kuunga mkono ripoti hiyo mia kwa mia. Nasema hivi, Mheshimiwa Spika, kama ni kutosha imetosha! Na kusema la kweli, Kaunti yetu ya Kilifi hatuta ruhusu watu ambao wamekuja na kujaribu kutunyanyasa ki upande wa kodi yetu. Nasema kutunyanyasa kwa sababu ule ushuru ambao unatoka hauingi mahali ambapo ni pasawa. Nasema hivi Mheshimiwa Spika, kuna sheria ambazo ziko wazi katika sheria za upeanaji wa zabuni. Kwanza, mtu ambaye anapeana zabuni lazima awe ana uwezo. Tunashangaa mtu huyu anaitwa Rain Drops kwanza anatumia wafanyikazi wetu; uwezo hana. Maana kama uwezo anao angechukua watu ambao angewaandika mwenyewe na wakawa wanaokota ushuri. Hapa ninaona ni sheria tayari imevunjwa kwamba hana uwezo wa wafanyikazi mpaka akaandikiwa barua na Karani wa Kaunti yetu kwamba tupeane wafanyikazi wetu we Kaunti wakamsaidie. Huyu mtu ana uwezo? Na


kama hana uwezo, ana uwezo wa kubeba Kaunti yetu akapata fedha? Huyu mtu angesimamishwa nafikiri barua zingeendelea kuandikwa ndio tungeendelea na huo mjadala, Mheshimiwa Spika, kwa sababu wafanyikazi ni wetu. Vitabu anavyovitumia ni vyetu. Hana uwezo hata wa kuchapa kitabu na “logo” yake ana uwezo gani huyu mpaka apatiwe kazi? Gari zinazotumika ni za Kaunti kuchukua ushuru kule nyanja tofauti tofauti kama vile kwa Matingo na kila mahali. Je huyu mtu ana uwezo? Sheria ilifwatwa hapo? Tunasema hivi Mheshimiwa Spika, tunataka huyu mtu asimame kando; kama serikali yetu tumeona afadhali tuwe tutafanya hiyo mipango ya kuchukua ushuru. Turudi tena kwa mchoro tuje tuone ni nani ambaye ana uwezo wa kubeba hili Jimbo letu lakini si huyu mtu ambaye hana uwezo; “logo” hana anatunia yetu, wafanyikazi hana na magari ni yetu. Tunajua sheria, na tumekuja hapa kutetea Jimbo letu la Kilifi ushuru usipotee mahali ambapo si pasawa. Mtu huyu nimeangalia ripoti hii hana uwezo na tunataka pesa zetu zichukuliwe na mtu ambaye hana uwezo zisije zikapotea. Mheshimiwa Spika, nasema ni asante na ninaunga mkono ripoti hii mia kwa mia. Asante sana.

(Applause)

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Mwayaa. Hon. Vice Chair of the said PIC/PAC I have got your attention. I know you wanted to speak for so long you have been raising your hand, but you are the Vice Chair of the Committee and you will have your time. Please Hon. Jane (Mwaro) proceed.

Hon. (Ms.) Mwaro:Asante sana Mheshimiwa Spika kwa kunipa wakati huu. Mimi nami nimesimama nikiwa na motisha na mshawasha wa kuchangia mia kwa mia ripoti hii. Mheshimiwa, yale yaliyosemwa na wenzangu ni ya ukweli nami nitaongea tu kwa muktadha kwa yale ambayo tuliweza kuyaona. Tulipokuwa kule nyanjani tuliona mengi ambayo yaliweza kututia majonzi hata mengine hatukuweza kuyavumilia, Mheshimiwa Spika. Tulipotembelea ile afisi ya Rain Drops Malindi, tuliona kwamba wafanyikazi kwanza waliandikwa kazi hawana hata barua za ajira. Hii ni kuonyesha kwamba shirika la Rain Drops linahujuma watu wetu wa Kilifi na tukijiuliza sisi wenyewe kwamba ikiwa wafanyi kazi wa Rain Drops wanatumia kila kitu kinachotoka kwa Serikali ya Kaunti, vitambulisho pia vya kazi vyatoka kwetu, je mfanyi kazi yule akifutwa kazi leo atalia na nani? Hilo ni swali ambalo linahitaji jibu. Nikirudi kwa barua hii pale juu kile kichwa, mimi tayari sikubaliani nacho, Mheshimiwa Spika, maana ile barua inasema kwamba ni ‘harassment, incitement, intimidation’ ambayo watu wa Rain Drops wanapata kutoka kwa kamati za Bunge na baadhi ya Waheshimiwa. Kwa kweli, tulipokuwa kule nyanjani, tuliwaelewa wale watu wa Rain Drops kwamba kamati ya PIC/PAC ya Bunge itawasaidia kutafuta ukweli maana hata ile kazi yao imetoa watu wengine, Mheshimiwa Spika. Kwa hivyo, kile kichwa tayari kiko kinyume na yale maelezo ya ile barua.

Mheshimiwa Spika, ninaongea nikiwa sina furaha moyoni mwangu kwa sababu sisi Waheshimiwa tumesoma na wala hatujachanganyikiwa. Tunafahamu kazi zetu na wajibu wetu tunaujua. Kwa hivyo, yale yaliyonakiliwa katika barua ile sisi kamwe hayatutii tumbo joto. Mheshimiwa Spika, nikiongea kuhusu ziara zetu kule nyanjani wakati tukitafuta habari hizi, tulipofika pale Mariakani kama wenzangu walivyoelezea, tulikutana na wale wafanyikazi waliokuwa hawataki kutupatia habari. Walisema ya kwamba mkubwa wetu amesema tusipatiane habari. Mheshimiwa Spika, huyu mkubwa wao ni nani? Ninaamini kwamba Kaunti ya Kilifi ni Serikali ambayo imekamilika. Na kama Mheshimiwa Kiraga ametuambia kwamba Kaunti ya Kilifi ina vitengo viwili, Mheshimiwa Spika, nikiwa nitaweka kwa mabano ‘Executive and


County Assembly’. Ikiwa hivi vitengo viwili havitaweza kufanya kazi kwa umoja kwa ajili ya mwanamchi wa Kaunti ya Kilifi, tutakuwa tunaelekea wapi Mheshimiwa Spika? Tumechoka na tumesinywa na kitengo hiki cha Executive hususan Bw. Owen Baya ambaye anacheza ngoma si yake. Mheshimiwa Spika, Rain Drops hatuitaki tunataka iache kazi.

The Temporary Speaker (Hon. Kenga): Thank you very much the honorable Vice Chair of the Committee. Hon. Elina Stephen Mbaru, welcome.

Hon. (Ms.) Elina: Asante Bw. Spika. Mimi pia nimesimama kuunga mkono ripoti hii ambayo imeletwa ndani ya Bunge. Nafikiri jambo la kwanza kabisa ile Kampuni haikupitia Bunge hili. Hii ni sheria ya kwanza imevunjwa. Sisi kama Bunge tukawa tunaangalia pengine itatusaidia basi angalau Kaunti yetu iende mbele kimaendeleo. Wameanza kufuja pesa wakiwa wako pale ilhali hawako kisheria. Na kama si sheria na wakili wao anatufanya kama ambaye sisi hatuna tunalojua hapa Bungeni, mimi naunga mkono kabisa leo hii baada ya Bunge hili Rain Drops itoke na iende nyumbani. Na yule mhusika aliyeandikia barua Rain Drops kwamba akusanye ushuru wa Kaunti hii, yeye ndio anasababisha na kutusambaratisha hapa Bunge la Kaunti hii. Kwa sababu kama si yeye, mambo kama haya hayangalitokea. Kwa hivyo, tupigie yule mkubwa pale juu lakini hata yule msababishaji naye tumuulize. Kwa hivyo, nimesimama kuunga mkono kwa dhati ile kampuni ipokonywe ile sabuni ili kwanza tumwite yule aliyewapatia ile barua ili tujue walikuwa ni wangapi walioomba ukusanyaji wa ushuru wa Kilifi Kaunti. Lakini inaonekana ni mtu kuchukuliwa na kuwekwa mahali bila kuwa na majaribio na wengine.

Bw. Spika, nimesimama kuunga mkono kama walivyozungumza wenzangu. Niko pamoja nanyi na kama si leo basi iwe kesho tuone Kilifi yetu inaenda mbele. Asante, Bw. Spika.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Elina Stephen Mbaru. I now call upon the Leader of Majority (Hon. Mwingo) to make his contributions.

Hon. Mwingo: Asante sana Bw. Spika, kwa kupata hii nafasi. Mimi nasimama kusema ya kwamba imefika wakati wa kila mmoja abebe msalaba wake kwa sababu jambo hili tunalolizungumzia leo ni jambo ambalo limekuwa donda sugu kule mashinani na itakuwa ni vibaya kuzungumzia kitu ama kuunga mkono kitu ambacho mimi mwenyewe sijakijua vile ambavyo kiliingia hapa katika Bunge letu. Kwa sababu, laiti ningekuwa niko na ushuhuda wa kampuni hii, ningesimama mbele ya Bunge nikasema kwamba kampuni hii ilipitia hapa ikapitia hapa. Lakini kufikia hivi leo, mimi mwenyewe ninapata changamoto juu yake hii kampuni. Kwa hivyo naomba Bunge hili, Mheshimiwa, usitoke kaa kwanza…

The Temporary Speaker (Hon. Kenga): Honourable Leader of Majority, you are out of order! Just proceed with your contributions.

Hon. Mwingo: Naliomba Bunge kwamba wakati umefika tushikane mikono na hatimaye tutafute haki ya wakaazi wa jimbo la Kilifi kwa sababu tukiangalia ushuru ndio kila kitu. Tunajua shida hii tumekuwa nayo wakati tulipokuwa madiwani. Mambo mengi yaliharibika kwa ajili ya utovu wa ukusanyaji ushuru na tukadhani ya kwamba tunapovuka kuingia katika wakati huu wa ugatuzi mambo yale yatakuwa yameisha lakini hivi sasa shida ile bado tunaipata. Mimi nikiwa ni mkaazi wa Mtwapa, Mtwapa ni lokesheni ambayo niko pamoja na Mheshimiwa Bakari. Ninasikia vibaya mtu kujiita yeye ni Wakili halafu anaandikia waheshimiwa barua isiyo na msimamo. Ndugu zangu wakati umefika wa kusimama kidete na kuona ya kwamba tunatetea haki. Kuna wakati husimamishwa nikiulizwa mambo ya kazi; ‘mbona watu wanaajiriwa na ile kampuni?’; lakini nikiangalia ni kampuni gani mimi huwa sijui. Kwa sababu kama ingekuwa ya ukweli ni haki pale Mtwapa wangeweka kibao cha kuonyesha kwamba pale ni Rain Drops Ltd.


Cha kushangaza ni kwamba ni serikali ya Kaunti ya Kilifi. Hili ni jambo linalonishangaza sana. Kwa hivyo, mimi niko pamoja na Waheshimiwa na ninaomba hii ripoti ikamilike ili ule ukweli wa mambo ujulikane na tuone ya kwamba Kaunti yetu inapata kile ambacho inastahili kupata. Asante Bw. Spika.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Mwingo for making your contributions. I now welcome Hon. Matsaki to contribute. Please proceed.

Hon. Matsaki: Asante sana Bw. Spika. Mimi nataka nizungumze kwa ufupi kwani mengi yamezungumzwa. Kusema kweli hali si nzuri kila mahali; bila pesa hatuwezi tukafanya maendeleo. Pesa hizi ambazo zinachukuliwa kule mashinani zinatoka kwa watu au kampuni ambazo ziko sehemu zile. Na itakuwa ni vibaya au makosa zaidi pesa zile zikiwa ziko na njia nyingi. Hivi tunavyozungumza hali inavyoonekana si nzuri na ningeomba kwa sababu mimi nimesimama kuunga mkono ripoti hii yale ambayo kamati imefanya tuyachukulie na uzito sisi kama Bunge; sijaona Mheshimiwa aliyesimama kupinga ripoti hii. Kile kitu ambacho ni muhimu sasa ni kuona kwamba baada ya sisi kupitisha, swali ni je, kule mbele ni vipi? Tungetaka yule mkaguzi wa vitabu ambaye ametajwa hapa apatiwe hii kazi ikiwezekana hata kama ni kesho kazi ianze mara moja ikiwa Rain Drops Ltd. wako nje. Huwezi ukafanya uchunguzi kama yule unayemchunguza bado amekalia kiti kwa sababu hivyo sivyo sheria inavyotueleza. Kwa hivyo ningeomba tukipitisha hapa pia vile vile wale wahusika waliotajwa katika ripoti hii wasimame kando ili uchunguzi ufanywe. Mimi nataka niongee kisa kimoja hapa, kwa sababu kuna majina ambayo yametajwa na ninakumbuka ni Bunge hili ambapo tulizungumza wakati tukiwa katika kamati ya Leba na uamuzi wetu tuliufanya lakini inaonekana hapa kuna mchezo wa paka na panya kwani wakati huu imevuka mipaka. Sasa kama Bunge tuwe tunaongea kwa sauti moja wale kidogo ambao watajipendekeza upande wa mkono mwengine lakini ni lazima tusimame kidete tuone kwamba watu wetu tuwatetee vilivyo kwa haya mambo ya ushuru vile yanavyoelekea. Kwa sababu tusipokuwa kitu kimoja mtasema Mheshimiwa Matsaki alisema na kisha ujue kuna ile ‘divide and rule’; jamani tuiweke kando. Kuna watu labda wanafaidika pale ama mahali pengine na tukizungumza hapa wanasema fulani ndiye amesimama akaongea vibaya lakini leo tunasema ni waheshimwa wote ambao wamesema kwanza; Rain Drops Ltd. iwe nje na wale wote ambao ni wachunguzwe watoke katika ofisi zile ili uchunguzi ufanywe kikamilifu. Bw. Spika nimesimama kuunga mkono hoja hii.

The Temporary Speaker (Hon. Kenga): Thank you very Much Hon. Matsaki. Honorable Members we sought an extension of time and we are almost running out of time. I therefore wish to beg the honourable Chair, the mover of the Motion to make his final contribution, and you have two minutes to make your final submissions based on the time that we had extended.

Hon. Kaingu: Asante sana, Bw. Spika. Kwanza langu ni kuwashukuru waheshimiwa wenzangu ambao wametoa mchango wao ambao kusema kweli tulikuwa tunautarajia. Pia, nitawashukuru wanakamati wenzangu; ukweli ni kwamba katika ile kamati tumeweza kupitia changamoto kali, Bw. Spika. Mimi pamoja na wanakamati wenzangu tumeweza kupewa vitisho lakini kwa sababu tulikuwa wakakamavu hatimaye tumeweza kukamilisha ripoti hii. Kama mwenyekiti mara kwa mara nimekuwa nikienda hospitalini kupimwa pressure yangu kama iko namna gani lakini, Bw. Spika, niko sawa kabisa. Kwa hivyo, nina furaha mbele ya mwenyezi Mungu kwamba ripoti hii imeweza kufika kwa wenyewe katika Bunge hili hivyo nimeivua kwenu na naamini mtaipitisha kama nilivyoona na kusikia hapa ni kweli ripoti hii imepita. Ripoti hii ni muhimu sana kwa sababu inagusa ule mzizi wa Kilifi kaunti yetu. Kwenye uchunguzi


tuliofanya Bw. Spika, tumebaini kuwa pesa nyingi zimepotea na zinaendelea kupotea. Kwa mfano, mabilioni ya pesa yanachukuliwa kutoka kule vituoni na kuingizwa katika mifuko ya watu binafsi na hapa waheshimiwa sehemu zao, mashule yao na watoto wanasoma chini ya miti. Barabara zetu kule nyanjani ni mbaya, mahospitali yetu hayana madawa na yote haya kufanyika yanategemea pesa ama mapato hayo. Ndio maana tulijikakamua tukasema vyovyote vile tutakavyofanywa hata iwe namna gani lazima ripoti hii ifike na sasa imefika. Kwa hivyo, sitachukua mda mrefu nawaomba waheshimiwa wenzangu kwamba tuipitishe ripoti hii kwa dhati. Kwa sababu sheria ni lazima ifuatwe na auditor aweke kidole hapo ndani pia itabidi afanye uchunguzi wake halafu ule uchunguzi ule uweze kuletwa kwetu tena kama kamati tupitie ndio baadaye tulete kwenu kujadili ukaguzi wake. Ndio hapo ambapo kama ni kutoa hawa wote waliotajwa kwenye ripoti hii waweze kutoka kwa sababu lazima tuende mbele na Kilifi yetu inawiri na iwe tajiri. Tunajua kuwa kuwa tajiri ni lazima tuwe tuna rasilimali ya kutosha na mimi kama mwenyekiti wa kamati hii sitakuwa muoga; sitatishika kivyovyote vile nitaendelea mbele si kwa hii peke yake bali yako mengi. Kwa sababu kitu kama Weigh Bridge hapa sabaki inasemekana gharama yake ni million kumi na mbili kwani Kilifi kaunti hatuwezi kupata hizo milioni kumi na mbili tukanunua hiyo Weigh Bridge mpaka tukodishe? Huu ni ukora ambao uko kwa mambo ya Rain Drops Ltd; ni ukora mtupu.

The Temporary Speaker (Hon. Kenga): You have only thirty seconds honourable Member.

Hon. Kaingu: Kwa hivyo, kwa ufupi nasema waheshimiwa wenzangu tupitishe ripoti hii kikamilifu halafu baadaye tuweze kufanya lile azimio ambalo tumeazimia kulifanya. Kwa hayo machache, naomba kukomea hapo. Thank you so much.

The Temporary Speaker (Hon. Kenga): Thank you very much honourable Chair of the PAC. I now take this opportunity to put the question that the report of the Public Investments and Accounts Committee as tabled before the House be adopted by this honourable House.

(Question put and agreed to)

(Applause)

The Temporary Speaker (Hon. Kenga): Honourable Members, I wish and I want to

thank you for all your contributions. I want to bring your attention to the Constitution and make it very clear that you are defended and protected by the Constitution and the relevant legislations that exist in the Republic of Kenya. Therefore, the office of the Speaker is also aware of the same letter from the said Advocate and as an office we are going to instruct the office of the Clerk to take the same to the Legal Advisor of the Assembly who will be able to look into the letter and if there is any issue that needs the legal mind of the Assembly then the legal person in charge should be able to proceed and make sure we come to the end of this. Again, let me say that we stand guided by the Constitutionon, the powers and privileges that we have as stipulated in the Standing Orders; they are on our side. Thank you very much.

STATEMENT


SHORTAGE OF DRUGS IN PUBLIC HEALTH FACILITIES Hon. Nzaro: Thank you, Mr. Speaker. I wish to seek a Statement directed to the

Chairman of Health; I wish to seek a Statement on: 1. Whether the CEC Member is aware that there are no malaria drugs and other essential

drugs in our dispensaries e.g Ganze. 2. Whether she is aware the purported drugs received in hospitals in Ganze dispensary were

a large consignment of syringes used for immunization of small children. 3. The medical personnel report late and leave early when offering services to our people in

these dispensaries. 4. Confirm whether drugs are being sold by the medical personnel to the patients. 5. The steps she is undertaking to fast-track procurement of the essential drugs. 6. Provide a list of the visits she has made to these hospitals and the steps she has taken to

address the challenges faced. Thank you.

The Temporary Speaker (Hon. Kenga): Thank you very much Hon. Japhet Nzaro. Office of the Clerk, the Chair for Health and the Vice are not in the House, but again you will make communication so that the Statements can be availed before the Members in two weeks time. Thank you very much.

ADJOURNMENT

There being no other business, this House stands adjourned until Monday the first day of

December, 2014 at 2:30 p.m.

The House rose at 4.37 p.m.

COUNTY ASSEMBLY OF KILIFI 26th November...COUNTY ASSEMBLY OF KILIFI THE HANSARD Wednesday, 26th...

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